The Quest for Paper Rights
Introduction
Documentation plays a vital role when it comes to immigration and has for a long time been a prerequisite for traversing international borders. It is important for both the immigrant and the destination country. For the immigrants, documents provide identification which facilitates their travel and stay where they intend to immigrate to. In some instances these documents disqualifies them from travelling to countries they intend to go, or reside
in.1For the destination countries the documents which immigrants possess, provide
information to assess the eligibility of these people to travel into the country. For those who are already in the country, documentation becomes a pivotal aspect in the formulation of state
immigration, socio-economic and diplomatic policies.2For West Africans to travel to South
Africa, they needed to be in possession of travel documents. Even those who came in clandestinely needed identification documents to be able to go through several countries before getting into South Africa. While in South Africa, their stay was determined by the type of documents they obtained from the Department of Home Affairs. To many West Africans, getting the right documents to legalise their stay in South Africa became a struggle.
The first part of this chapter will focus on a critical examination of documentation needed by West African immigrants in Cape Town, with more emphasis on the type of visas these immigrants used or were granted to gain entry into South Africa, how they were obtained and how they were used. It probes into the means and channels these immigrants used in acquiring travel visas and also investigates the role played by consular services in the granting of visas.
The second part of the chapter will elaborate on the type of permits which these immigrants acquired to legalise their stay. It probes into the documentation and the various types of permits West African immigrants needed and obtained to be legal residents in South
1Being in possession of a Cameroonian passport before 1994 was automatically a disqualification from travelling to South Africa as that particular document allowed the bearer to travel to other countries except the Republic of South Africa. See fig. 1
2Uma Dhupelia-Mesthrie. (ed) Paper Regimes. Kronos 40 (South African History, November 2014). 11-12.
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Africa. It examines how these permits were obtained by these immigrants and how they were processed, in some cases delayed or turned down Home Affairs officials.
The formation of nations and states, demarcated by national boundaries (sometimes imaginary), led to the establishment of national and at times regional identification
mechanisms. In the distant past, identification was based on race, ethnicity, language and colour but as time went on, it became more reliant on documentation.
As the world embraced increasing globalisation so too were changes in the concept of residency, nationality and citizenship. Immigration policies in many countries across the globe made provision for immigrants who met certain criteria to traverse international borders or acquire residency or citizenship in countries where they were not originally from. These and other factors made the documentation of people for identification purposes inevitable. People are documented from the moment they are born (birth certificate, to passport or travel documents, student ID, national ID, work ID, Driver‟s licence etc.), till when they die with the death certificate. The beginning and registering of people could be traced to the early medieval transition from oral to written procedures in Europe through which documentation was seen as a reliable means for taxation, book-keeping and the ownership of property. As explained by Caplan and Torpey, documentation then spread as a
means of personal identification to property, signatories or witness to a contract. 3
To emigrate, people are required to be in possession of certain documents permitting them to legally have entry into the country they intend going to. In the case of West Africans who were leaving their countries for South Africa, they were required to have a valid passport in which had been endorsed a visa, granting them the right of entry at any port of entry in
South Africa.4 Immediately after 1994, the South African government had just established
diplomatic relations with countries on the continent including West African countries. In most of these countries there were no consular services to generate visas for those intending to travel to South Africa. Provisions were made for people at that time, to receive permits at
ports of entry after providing documents proving their acceptance to get into the country.5
3Jane Caplan and John Torpey (ed), Documenting Individual Identity: The Development of State Practices in the
Modern World. Princeton University Press, Princeton and Oxford, 2011, 2.
4
Government Regulation Gazette Republic of South Africa, No 10199, Vol.587 Pretoria, (22 May 2014)
5Government Regulation Gazette Republic of South Africa, No 10199, Vol.587 Pretoria, (22 May2014).
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With time most of these countries had a South African embassy or a consulate which made it compulsory for people to have visas placed in their passport before leaving their
country.6 All categories of visas were open to West Africans but most of them applied for the
visitor, study, work, business and to an extent the tourist visas. From the moment these individuals declared their intention to travel by applying for a visa, the consular service of the destination country started documenting them. The reasons and purpose of their travel, their financial standings, the intended duration of their stay, lack of a criminal record and having a clean bill of health became a prerequisite for the granting of a visa. All this information was recorded and stored for future use even if the visa was not granted.
Type of visas West Africans obtained to gain entry into South Africa
West Africans who came to South Africa before 1994 were mostly skilled
professionals. During this period, the diplomatic relations between West African states (as well as many countries in the world) and South Africa had been severed in opposition to the apartheid practices of the government at the time. The victory of the Nationalist Party in South Africa in 1948 and its apartheid policies brought about the break down in relations
between South Africa and many African countries.7 Invoking Nigeria as an example, Agbu et
al stated that „Prior to Nigeria‟s independence in 1960, the volume of trade between Nigeria and South Africa stood at ₤1.006, 938 million pounds in 1959. This increased to ₤1, 018, 550 pounds in 1960 and South Africa was invited to participate in Nigeria‟s independence
celebration.‟8This prospering relationship turned sour when the Balewa regime in Nigeria
took action condemning the Sharpville massacre of March 1960 and expressed its
dissatisfaction and opposition to apartheid policies in South Africa. Nigeria led the call for the withdrawal of South Africa from the Commonwealth of Nations in 1961, expelled the South African Dutch Reform Church from Nigeria and cancelled contracts that were awarded
to South African companies operating in Nigeria.9The passports that some West Africans had
during this period allowed them to travel to every other country except South Africa. (See figure 1, chapter 1).They usually went to the former homelands where their services were
6See Interviews with Amos, 10 March 2016, Musa, 27 March 2016, Frank, 28 May 2016 and Ike, 26 February 2016.
7Osita Agbu et al, „The Foreign Policy Environment in Nigeria and implications for Nigeria-South Africa Relations: Baseline Study‟, South African Foreign Policy Initiative Brief No 54, (December2013), 1-2. 8 Ibid, 1. 9Ibid.
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needed and also because the apartheid government to an extent permitted it.10Granting the
homelands of Transkei, Ciskei and Bophuthatswana nominal independence in the 1980s, made it possible for much needed skills to be imported from countries whose people the apartheid regime considered as „undesirables‟. People from West Africa travelled to the
Homelands where they secured jobs.11
Immediately after 1994 there was a continuation of the entrance of professionals into South Africa, a majority of them stayed in Johannesburg from where they gradually started venturing into other provinces and towns including Cape Town. This period saw more
people coming into the country to tap into the vast business opportunities on offer.12The
media and related industries from the African continent were lured to South Africa during this period as most of the laws restricting them had been relaxed. There were stories to be told and the West African media was part of this frenzy for the much sought after stories and
news about events that were unravelling in South Africa13 A country that had been isolated
from the international community was now embraced by many on the continent and opened her doors to those who could not gain access into the country during the period of apartheid. Also in celebration of and in solidarity with the liberation of South Africa, were artists from all corners of the African continent. The readmission of South Africa into the sporting fraternity saw many West Africans coming into the country as professional sports men and
women or to participate in sporting events hosted by the country.14 With these sports men and
women, were their supporters or fans and also sport officials.15 Sporting activities have been
used by many West Africans as an avenue to immigrate globally.16 There are a couple of
West Africans who because of their sporting abilities became sports legends in South Africa after 1994. They include people like Roger Fuetmba of Mamelodi Sundowns, Greg Etafia of
Bloemfontein Celtic and Willy Okpara of Orlando Pirates.17There were those who came in as
10
Peiter Kok et al, Migration in South and Southern Africa: Dynamics and Determinants, (Human Science Research Council, HSRC Press, Cape Town 2006), 15.
11Robert Mattes et al, „The Brain Gain: Skilled Migrants and Immigration Policy in Post-Apartheid South Africa, „The Southern Africa Migration Project, (Migration Policy Series No. 20 Cape Town 2000), 10-11. 12Dianna Games „The Experience of South African Firms Doing Business in Africa: A Preliminary Survey and Analysis‟, The South African Institute of International Affairs, Business in Africa Report No. 1, 2004, 11-18. 13Libby Lloyd, South Africa’s Media 20 Years after Apartheid. A Report to the Centre for International Media Assistance, (July 17, 2013), 12-14.
14See John Nauright, Sports, Culture and Identities in South Africa. (London, Leicester University Press, 1997). 15See James Emmett, From the Achieves: History of Sports – South Africa Emerges from its Dark Past
.SportsPro, December 2013.
16http://www.dailymail.co.uk/news/article-2000347/Entire-African-football-team-hunted-immigration-officials- disappear-France.html. 8 June 2011.
17Anthony Ham et al, West Africa (Footscary, Vic., Lonely Planet, 2009), 4-14.
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tourists to experience the beauty and rich heritage of this forbidden territory which they could in the past only read about or see through images provided by the media and the press.18
Sam (not his real name) from Cameroon came to the South Africa in December 1999 with a tourist visa. In response to how he obtained his visa to South Africa, Sam explained:
At the time, I left Cameroon [in] December of 1999, there was no diplomatic relations between Cameroon and South Africa[in the form of an embassy or consulate] so the nearest embassy was in Gabon. So I sent my visa application to Gabon and it was granted. So I flew from Cameroon to Johannesburg on South African Airways flight and I was given a three months‟ visa and then I continued my journey to Cape Town. I was applying to come to come to South Africa as a visitor. It is only here that I unveiled my intention of leaving Cameroon and why I chose to come to South Africa...I came like a tourist... I went through an agent, given that the embassy was not in Cameroon, it was in Gabon. It was [a] three months‟ visa. [I had] no confrontation [with immigration officers at the airport in Johannesburg] because I had a list on which there was my name from the South African embassy in Gabon which was known by the immigration authorities in Johannesburg. So as soon as I got there I presented that list. They just took that list gave a police officer
[immigration officer] who went into a room there at the airport and then came out with my passport with the visa, then it was stamped and I continued.19
From the interview with Sam, we find that in the absence of consular services in some countries those who wanted to travel depended on the services of agents. These agents in their capacity as middlemen played a major role in determining what type of visas these people should apply for. Compared to a business or a study visa, the tourist visa was cheaper to secure and that was what Sam went for. Sam‟s story is replicated by that of Rene who obtained a visitor visa through an agent and only got the proper visa (port of entry visa, see figure 2) placed into his passport in Johannesburg.
18See Richard Butler and Wantanee Suntikul, From Apartheid to a Managed Revolution: Tourism Development
and the Transition in South Africa (Woodeaton, Oxford, Goodfellow Publishers limited, 2010.)
19Interview with Sam, 29 February 2016.
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Figure 2: Cameroonian Passport which carries a control stamp dated 31 December 1998 stating that this individual left the country through Douala Airport on that date. In it is a Business visa which was issued on the 17 November 1998 in Pretoria. Since it was issued in Pretoria, South Africa it is a port of entry visa as the individual only had it placed in his passport in a South African port of entry. There is also a Temporary Residence Permit which is valid for a period of one year and stipulates two major conditions the bearer must adhere to. It states that the bearer is prohibited from changing the purpose of his entry and he will be charged a fee if he wishes to extend his stay. On that permit is a stamp date 31 December 1998 which indicates the date the individual entered the country through Johannesburg Airport.
Most of the above mentioned category of people came into the country on the premise of staying for a short period of time owing to the description of the activities they intended carrying out. They were mostly issued a visitor‟s visa not exceeding a period of three months. As stated in the Immigration Act of 2002, section 10, the visitor‟s visas are issued to people who come into the country for a short period such as spouses, children and relatives of those with resident permits, visiting lecturers and academics, journalists, tourist, artist, media crew, people in the entertainment industry and a foreigner who is in the country to testify in a trial
as a state witness.20As we will find out later, some of these people exceeded the stipulated
duration of their stay as they sought other avenues to remain legally in the country.
20Government Regulation Gazette, Republic of South Africa. No 10199, Vol. 587 Pretoria (22 May 2014), 19.
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South African universities were ranked among the best on the continent. Students, some of whom could not get admission in western universities or colleges turned to South Africa to further their studies. With changes in the policies of educational institutions in South Africa, previously disadvantaged students could now gain admission in institutions of higher education which did not accommodate them before. This also applied to students from West Africa who found it cheaper and easier to study or get admission into South African
universities, as compared to western institutions of higher education.21 For West Africans
who had attained the required level of education, it was easy to apply and have a study visa to
study in South Africa.22
Interviews with Ike and Foukou reveal how they went about securing study visas (see figure 3) to travel and eventually study in South Africa. Ike explains that for someone like him who had obtained an undergraduate certificate, it was easier and more convenient to acquire a study visa. Having the study visa meant avoiding the challenges which those who came with visitor‟s visas faced. These visitor‟s visas allowed the bearer a short period of stay, usually a maximum of three months after which the bearer needed to go for an extension or
apply for another permit to stay legally.23 Confirming this, Ike said „I wanted a more concrete
avenue that will give me a longer period to pursue my goal... I did apply for admission on
campus and in schools. I was given admission in a university in Cape Town‟.24He claims his
main objective to travel to South Africa was to do missionary work in the capacity of a preacher stating that „I am a Christian and I believe in conservative teachings of Jesus in contemporary times, so I came here as a missionary to declare the gospel and then also to study‟.25
Ike‟s case is an example of individuals opting for the most convenient visa in order to gain entry for other purposes.
Getting admission to study was one thing but obtaining a visa meant going through a process of documentation to meet up the with immigration requirements. After getting his letter of admission to study in a South African university, Ike went to the South African embassy in Lagos where he was given a list of the requirements for application of his study visa. He completed an application form which was to be accompanied by supporting documents. He
21See Kiran Odhav, „South African Post-Apartheid Higher Education Policy and its Marginalisations: 1994- 2002‟. SA-eDUC Journal Volume 6, Number 1(August 2001), 33-57
22Government Regulation Gazette, Republic of South Africa, No 10199, Vol. 587, Pretoria, (22 May 2014), 21. Also see Interview with Ike, 26 February 2016 and Foukou, 28 May 2016.
23Interview with Ike, 26 February 2016. 24 Ibid. 25Ibid.
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had no problem with providing documents that were to be obtained from Nigeria. His difficulty was to acquire or meet up with consular requirements like medical insurance and accommodation that he had to secure in South Africa. As easy as it may seem through technological advancement, communication and financial transactions do not need the physical presence of the parties involved. That was not the case with Ike and others who come from West Africa. Most of the people found it difficult to do online financial
transactions. For this reason, it was a problem for Ike to get and pay for medical insurance in South Africa as well as to secure accommodation. He had to embark on a strategy to secure these documents. He explains:
[For] the insurance I had to link up with a friend, a friend through a friend. He was staying in Cape Town and he got me hooked up with one Momentum insurance something online, so it was not really easy because there had to be a lot of interactions online, so eventually I had to pay into a friend‟s account who eventually paid on my behalf in South Africa and also had to pay for an accommodation that I have not yet occupied to prove that I will get a place to stay.26
After submitting the documents at the embassy, Ike never went through a proper interview by consular officials. Ike felt that they must have verified with all the sources to guarantee the authenticity of the information and documents he gave. It took three months
for his visa to be out granting him one year duration.27(See Figure 3)
At the airport in Nigeria his point of departure, there was much paper work and grilling by immigration officers seeking to know the reasons for his travel and his ability to